Team Blitz India
NEW DELHI: The Supreme Court has stayed the May 8 order of the Uttarakhand High Court directing the state to find out an alternative place to relocate the High Court from its current place at Nainital.
A Bench of Justices P S Narasimha and Sanjay Karol suspended the HC order, while hearing an appeal filed by the Uttarakhand High Court Bar Association (UKHCBA).
Solicitor General Tushar Mehta, representing the state Government, submitted that to set up the new Benches are in Parliament’s domain, but the High Court decision is like a referendum.
Bar Association plea
Senior advocate PB Suresh and advocate Vipin Nair appeared for the High Court Bar Association. “The decision is legally impermissible and is totally against the overall welfare of the State of Uttarakhand in as much as the High Court has failed to consider the legislative intent in placing the highest seat of the judiciary of the state at Nainital resulting in the passing of the order,” the Bar Association’s plea said.
The High Court had ordered the Chief Secretary to find out the best suitable land for establishment of High Court and for residential accommodation of judges, judicial officers, staff, court rooms, conference hall, chambers for at least 7,000 lawyers, canteen and parking space.
The High Court had also ordered the Chief Secretary that this entire exercise should be completed within a month and he should submit his report by June 7.
After staying the High Court’s order, the court fixed the matter for further hearing after summer vacations on July 8, when it would be reopened for hearing.
